TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 79

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FM FCO 171540Z JUNE 85

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 832 OF 17 JUNE

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YOUR TELNO 1179: LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL

1985

1. THANK YOU FOR THE USEFUL BACKGROUND IN TUR. MR LUCE HAS

WRITTEN TO SIR PETER BLAKER TO SUMMARISE THE BACKGROUND TO THE

BILL AND THE AMENDMENTS PROPOSED AT THE SECOND READING.

HOPEFULLY IN THE LIGHT OF THESE AMENDMENTS ANY PARLIAMENTARY

INTEREST IN THE BILL WILL NOW SUBSIDE.

2. MEANWHILE IN THE COURSE OF OUR RECONSIDERATION OF

FURTHER PROBLEM HAS COME TO LIGHT. AS DRAFTED CLAUSE 14(2) WOULD

NOT PREVENT AN OFFICIAL OF HMG IN HONG KONG FROM BEING SUMMONED

TO GIVE EVIDENCE ON A MATTER WHICH DID NOT RELATE TO THE

RESPONSIBILITIES OF HMG IN RELATION TO HONG KONG. AN OBVIOUS

EXAMPLE WOULD BE A MEMBER OF THE BRITISH TRADE COMMISSION. IT WOULD OBVIOUSLY BE INAPPROPRIATE FOR SUCH A PERSON TO BE SUMMONED TO GIVE EVIDENCE ON A MATTER CONFIDENTIAL TO HMG, AND WE SHOULD THEREFORE BE GRATEFUL IF YOU COULD INTRODUCE A FURTHER AMENDMENT, VIZ THAT IN CLAUSE 14(2) THE PHRASE 'IN RELATION TO HONG KONG SHOULD BE REPLACED BY THE PHRASE 'WHETHER IN RELATION

TO HONG KONG OR OTHERWISE'.

3.

WE APOLOGISE FOR THIS AFTERTHOUGHT. IT IS HOWEVER A POINT

OF SOME IMPORTANCE: WE TAKE IT THAT REPRESENTATIVES OF OTHER

GOVERNMENTS WOULD BE PROTECTED BY THEIR IMMUNITIES.

HOWE

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DISTRIBUTION

COPIES TO: MR FIFOOT, LEGAL ADVISERS

LIMITED

HKGO,

LONDON.

HKD

PS

PS/MR LUCE

SIR W HARDING

MR WILSON

HKK 011/12

RECEIVED IN REGISTRY

1 8 JUN1985

DESK OFFICER

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